January 29, 2016

U.S. DepartmentofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC20590**-~:.: ~**  J

·,..,

Re: Requestfor Exemption under Section 333 ofthe FAA Modernization and Reform Actof2012 and Part 11 ofthe Federal Aviation Regulations.

Name and Address of Petitioner: Nichol Davis Love one another photography 31569 Silver Spruce Running Springs, CA 92382·1902 951-907-3293 (Cell) 909·867-9812 (Home) njchol@loyesphotos.net

Dear Sir or Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Actof2012 (the "Reform Act") and 14C.F.R. Part 11, Nichol Davis, the Petitioner, request exemption from the following Federal Aviation Regulations in orderto legally operate an Unmanned Aircraft System (UAS) in the National Airspace System.

Regulations from which the exemption is requested: 14CFR 21 H 14 CFR 45.23 (b) 14 CFR 61.113 (A) 7 (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b)(2) 14 CFR 91.103 (b) 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14CFR91.151 (a) 14 CFR 91.203 14CFR 91.405 (a) (a) & (b) 

### 14CFR91.407 14CFR 91.409 14CFR91.417 14CFRTitle 14Chapter 1 SubDPart60thru 67-61.1to61.429 (1) (a) & 

### (b) (a) & 

### (b) The Petitionerwishes to be grantedthe exemption for use ofthe UAS ofcommercial operations list below.

Applications and Operations:

Wedding photography

• Aria! photographs/videos ofceremonies

• Arial photograph/videos ofthe receptions

• Group photographs/videos ofwedding parties

Real Estate photography

• Arial photographs/videos of house/land for advertising purposes.
Advertising• Promotional photographs/videos for businesses.
Landscape Photography

• Arial photographs/videos of nature
• Arial photographs/videos of landscapes

Youth Camp Promotions

• Large group photographs/videos for youth camps
• Arial photographs/videos ofcamp activities.

Small sporting events
• Arial photographyof little league and high school games as requested bythe authorities/organizations.

The Petitioner believes the use ofthe UAS's is more economical and saferto use forthe aforementioned purposes. Use ofthe UAS ratherthan a manned aircraft is more economical to the consumer, and beneficial to the general public due to its small size, low noise and minimal potential for accident.

Characteristics ofthe Aircraft: The UAS to be used isthe DJI PHANTOM 3which has a small22 inch wingspan and ultra-light making this platform perfect for aerial photographs ofyouth camp groups, real estate properties and other promotional media. Thanks to the on-board GPS and the real time monitor, this allows the operatorto plan safely and. The onboard camera takes and collects high definition still images and videos that are later used to bythe consumerfor personal and promotional purposes.

The four main characteristics ofthe DJI PHANTOM 3 are: 1. Light Weight The DJI PHANTOM 3 is so lightthe operatorcan launch it by hand and let it land on almost any surface without requiring a parachute or landing net. Its low impact energy (in the case of a controlled emergency landing) also significantly reduces the risk of hazardous situations. 2. Electric-powered The DJI PHANTOM 3 is electric powered. A brushless engine technology makes it silent and reliable.

3. Semi-automaticflight The artificial intelligence incorporated within the DJI PHANTOM 3 autopilot system continuously analyzes data from the onboard GPS and takes care of all aspects ofthe flight underthe supervision ofthe operator.

4. Safetyfeatures Additionally, the DJI PHANTOM 3 provides an override capacitythat allows the operatorto use an option during the flight (Goto Home) which allows the UAS to automaticallyfind it's way back to the ground starting point. Other safetyfeatures include a Go to Home automatic over-ride in
case of lost signal from the remote oracritical low battery. Because of the GPS system, the UAS will hover in place should the operator become disoriented on flight commands until the operator re-orients himself/herself. It also has limiting parameters that the operatorcan control so**~s** not to loose site ofthe aircraft.
Request for Exemption, Section 333 ofthe FAA Reform Act pertaining to Federal Aviation Regulations: The Petitioner requests an exemption from the following regulations as well as any additional regulations that maytechnically apply

### to the operation of UAS's.



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14CFR21H: Airworthiness Certificates Certification Procedures for Products and Parts Reason for Exception It has been determined that similar UAS's do not require an airworthiness certificate as granted in Exemption No. 11623, 11650, 11664and 11734.
14CFR45.23(b): Marking ofthe Aircraft These regulations provide that each aircraft mustdisplay "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. Reason for Exception Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have not entranceto the cabin, cockpit or pilot station on which the work "EXPERIMENTAL" can 

### beplaced. Given the size of the UAS, two-inch lettering will be impossible. The word "EXPERIMENTAL" will be placed on the fuselage in compliance with 45.29 (f). The FAA**h~s** issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR 61.113 (A) 7{b): Private Pilot Privileges and Limitations The regulation provides that no person mayserve as a required pilot flight crewmember of acivil aircraftofthe United States, unless that person: (1) has a pilot certificate or special purpose authorization issued underthis part in that person's physical possession or readily accessible. (2) The flight is only incidental to that business oremployment. (3) The aircraft does not carry passengers or propertyfor compensation or hire. Reason for Exception The Petitioner will follow all manufacturers' training program and safety manual. Ialso believe these requirements are unnecessaryfor pilot controlled drone flight. Additionally, current FAA proposals have omitted this as afuture requirement for small UAS's.

14 CFR 91.7 (a): Civil Aircraft Airworthiness Civil Aircraft Airworthiness: (a) No person mayoperate acivil aircraft unless it is in an airworthy condition. Reason for Exception lthasbeen**d~termined** that similar UAS's do not require an airworthiness certificate, howeverthe petitioner will ensure airworthinessthrough the combined use ofthe manutacflire1

# sOfjeratioris Manual and preflight checks.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft This regulation provides that no person mayoperate an aircraft unless acurrent, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not onlytoo small to carry documentation; the documentation would not be available to the crew. Reason for Exception The equivalent level of safetywill be maintained by keeping the flight manual atthe ground control point where the pilotflying the UAS will have immediate access to it. The FSS has issued the following exemptions to this regulation: Exemption #8607, 8737,8738, 9299, 9299Ato lista few.

14 CFR 91.103 (b): Preflight Instruction This regulation requires each pilot in commend to take certain actions before flight to insure thesafety of flight. AS FAA approved rotorcraft flight manuals will not

### be provided for the aircraft an exemption will be needed. The petitionerwill take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight.

14CFR91.109: Flight Instruction The regulation provides that "No person mayoperate acivil aircraftthat is being used forflight instruction unless that aircraft has fully functioning dual controls." Reason for Exception UAS's and remotely piloted aircraft; bytheir design so not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptionsfor flighttraining without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption Nos. 5778K & 9862A. The equivalent level of safety provided bythe factthat neither a pilot nor passengerwill 

### becarried in the aircraft and bythe size and speed ofthe aircraft.

14 CFR 91.119: Minimum Safe Altitudes The regulation provides that oversparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will 

### beoperating at a maximum of400 feet AGL, we cannot comply with this requirement. Reason for Exception The use of UAS will be flown no higherthan 400 feet AGL in LOS overdeveloped and developing residential areasthat may beconsidered congested areas. That will not always be the case when providing a 'Property Survey'flight because theycould be conducted over empty lots or acreages with no structures. In the case offlying overor nearexisting private propertywhile providing aerial imagery, property inspections, and property assessments, landowners will be notified in person bythe Petitioner, or by a card left behind bythe Petitioner if requested. The Petitionerwill review with the landowners ofassociated risks to people and property. Due to the small size ofthe UAS the associated riskto persons, vessels, vehicles and structures is not comparable to manned aircraft and should 

### betaken into consideration.

14 CFR 91.121: Altimeter Settings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeterthat is set, when operating below 18,000 feet MSL. Reason for Exception Most UAS do not have a barometric altimeter. Ifdoes have a GPS that will calculate altitude. The Petitionerwill limitflights to a maximum altitude of400 feet AGL as granted in Exemption No. 11623, 11664, and 11734.

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions Fuel requirements for flight in VFR conditions: (a) No person may begin aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions} there is enough fuel to flyto the first point of intended landing and, assuming normal cruising speed. (1) During the day, to fly afterthat for at least 30 minutes. Reason for Exception The UAS provides a low batterywarning to indicate when you should return the UAS to the launch point. In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or "Go land") action in these situations. The Petitionerwill not initiate aflight unless (considering wind and forecast weatherconditions} there is enough power to fly at normal cruising speed to the intended landing point and all flights will be conducted during daylight hours and at times not to be a nuisance to others.

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14 CFR 91.203 (a) &(b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:

• No person mayoperate a civil aircraft unless it has an appropriate and current airworthiness certificate.

• No person mayoperate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under 19.715 is displayed atthe cabin or cockpit entrance sothat it is legibleto passengers or crew. Reason for Exception To obtain an equivalent level of safety and meetthe intent of 91.203, documentation will be housed at aground control point where the pilot isflying the UAS for immediate access to the extentthey are applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to this regulation.

14CFR 91.405 (a): Maintenance Inspections Each owneroroperatorof an aircraft- (a} shall have that aircraft inspected as prescribed in Subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter. Reason for Exception The Petitioner shall inspectthe aircraft priorto everyflight. The Petitioneralso will follow the manufacturer's recommended preflight checklist and make any repair necessary before flights
occur. The Petitionerwill also maintain a log of any maintenance or repairs performed.

14 CFR 91.407 {a) {1): Maintenance Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person mayoperate any aircraftthat has undergone maintenance, preventative maintenance, rebuilding,
or alteration unless (1) it has been approved for return to service by a person authorized under 43.7 ofthis chapter. Reason for Exception The Petitioner who has the responsibilityfor the operation and safety ofthe UAS will follow the manufactures suggested replacement parts.

14 FR 91.409 (a}{l) & (2): Inspections Inspections: (a) Exceptas provided in paragraph (c) of this section, no person mayoperate an aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by 43.7 of this chapter; or (2) An inspection forthe issuance of an airworthiness certificate in accordance with part 21 ofthis chapter. No inspection performed under paragraph (b) ofthis section may be substituted for any inspection required bythis paragraph uriless it is performed by aperson authorized to perform annual inspections and is entered as an "annual" Inspection in the required maintenance records. Reason for Exception The Petitionerwill follow manufacturer's suggestions to ensure that the UAS is in acondition for safe flight at all times.

14 CFR 91.417 (a) & (b): Maintenance Records Exceptfor work performed in accordance with 91.411 and 91.413 each registered owneror operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(ili)(iv)(v)(vi) for the periods specified in paragraph (b) ofthis section: (1) (2) (3) Reason for Exception

The Petitioner will keep a record ofaU repairs and modifications. The Petitioneralso proclaims to
use approved manufactured parts for all repairs and modifications. 14CFR Title 14 Chapter 1Subchapter 

### 0 Parts 60 thru 67-61.1 to 61.429: Pilot Certification This section pertains to flight rules, pilot certificate requirements, manuals, etc. Reason for Exception ·

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The Petitioner believes that these requirements are unnecessaryfor pilot controlled droneflights and current FSS proposals have omitted this as afuture requirement for small UAS's.

In Conclusion: I, Nichol Davis, the Petitioner, request for exemption from the above mentioned Federal Aviation Regulations in orderto legallyoperate an Unmanned Aircraft System (UAS) in the National Airspace System in orderto perform the Applications and Operations pertaining to my photography industry in asafe and controlled environment. The Petitioner hopes for atimely consideration as I have made aconsiderable investment in time and finances on this project.
Sincerely, \ (\"'

### ~ Nichol Davis \

### \~ 31569 Silver Spruce Running Springs, CA 92382 951-907-3293 (Cell) 909-867-9812 (Home) njchol@lovesphotos.net



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